Quote:
Originally Posted by BPO
There it is. Flip it in Photoshop; Change the colours; Add a new/different background/foreground, or just about any element, anything that makes it noticeably different and the problem of infringement essentially goes away.
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Not really. Excerpt from:
Australian Copyright Council INFORMATION SHEET G052v11 August 2012
Quote:
Infringement
Copyright is infringed when a person uses all, or a “substantial part”, of copyright material in one of the ways exclusively controlled by the copyright owner without the express or implied permission of the copyright owner, where no defence or exception to infringement applies.
What is a “substantial part”?
A “substantial part” is any important, distinctive or essential part of the original material, not necessarily a large part. There have been many court cases about whether reproducing part of a work constitutes an infringement of copyright. In one case, a court held that reproducing 6 notes from a piece of music was found to be an infringement.
A person may also use a “substantial part” of copyright material by paraphrasing, or closely following the structure and order of another personʼs work, even if they have not directly reproduced any of it.
There are no guidelines about the quantity of material, or percentage of a work, which may be used without permission, since each case depends on its own facts.
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The "6 notes" refers to the case against Men at Work over "Down Under" which the plaintiffs won. Later in the same document:
Quote:
Decide what you want
You should decide how you would like the matter resolved and what you want from the infringing party. A lawyer may be able to help you work out what is appropriate. You may be entitled to demand any or all of the following:
• that the infringement stop (an “injunction”);
• that infringing copies of your material be delivered to you, or disposed of as you direct;
• that any master copies or plates used to make infringing copies be delivered to you, or disposed of as you direct; and
• that either you be paid for the use of the work or you be given the profits the infringer has made from it.
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If the two parties can't agree it can wind up in court and then the judges get to decide if it infringes.